(By Delegate Craig)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §62-1-1a, relating to
permitting the temporary detention of criminal suspects by
law-enforcement officers in order to determine the identity of
the suspect and other matters involving the commission of a
crime where probable cause appears to exist; establishing
limits on the location and length of the detention; permitting
arrests to be made; and permitting certain searches.Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §62-1-1a, to read as
follows:ARTICLE 1. PRELIMINARY PROCEDURE.§62-1-1a. Temporary detention by law-enforcement officer of person suspected of criminal behavior or violating
conditions of parole or probation; limitations;
arrests; searches.
_____(a) When any law-enforcement officer of this state encounters
any person under circumstances which reasonably indicate that the
person has committed, is committing, or is about to commit a
violation of the criminal laws of this state or the criminal
ordinances of any municipality, the officer may temporarily detain
the person for the purpose of ascertaining the identity of that
person and the circumstances surrounding the person's presence in
the place that led the officer to believe that the person had
committed, was committing, or was about to commit a criminal
offense.
_____(b) A person may not be temporarily detained pursuant to
subsection (a) of this section any longer than is reasonably
necessary to effect the purposes of that subsection. Any temporary
detention may not extend beyond the place where it was first
effected or the immediate vicinity. However, no detention
undertaken pursuant to subsection (a) of this section may last more
than six hours.
_____(c) If, at any time after the onset of the temporary detention
permitted by subsection (a) of this section, probable cause for
arrest of person appears, the person shall be arrested. If, after
an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person appears,
the person must be released.
_____(d) When any law-enforcement officer authorized to detain
temporarily any person pursuant to subsection (a) of this section
has probable cause to believe that any person whom the officer has
temporarily detained, or is about to detain temporarily, is armed
with a dangerous weapon and therefore offers a threat to the safety
of the officer or any other person, the officer may search the
person so temporarily detained only to the extent necessary to
disclose, and for the purpose of disclosing, the presence of a
weapon. If the search discloses a weapon or any evidence of a
criminal offense, it may be seized.
_____(e) Evidence seized by a law-enforcement officer in any search
under this section is not admissible against any person in any
court of this state or its political subdivision unless the search
which disclosed its existence was authorized by and conducted in
compliance with this section.

NOTE: The purpose of this bill is to permit the temporary
detention of criminal suspects by law-enforcement officers in order
to determine the identity of the suspect and other matters
involving the commission of a crime where probable cause appears to
exist. The bill establishes limits on the location and length of
the detention. The bill also permits arrests and searches under
certain circumstances.